MISUSE OF WOMEN PROTECTION LAWS AGAINST MEN IN INDIA: AN ANALYSIS OF CAUSES, CONSEQUENCES, AND REMEDIES
AUTHOR – MANSI SINGH, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, MUMBAI
BEST CITATION – MANSI SINGH, MISUSE OF WOMEN PROTECTION LAWS AGAINST MEN IN INDIA: AN ANALYSIS OF CAUSES, CONSEQUENCES, AND REMEDIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (9) OF 2025, PG. 201-206, APIS – 3920 – 0001 & ISSN – 2583-2344.
This article is published in the collaborated special issue of Amity Law School, Amity University, Mumbai and the Institute of Legal Education (ILE), titled “Emerging Trends in Law: Exploring Recent Developments and Reforms” (ISBN: 978-81-986345-1-1).
ABSTRACT
The enactment of women protection laws in India marked a significant milestone in combating gender-based violence and systemic discrimination. However, recent legal, social, and empirical studies have revealed growing concerns regarding the misuse of these protective statutes against men. This article explores the causes, consequences, and potential remedies concerning the exploitation of key legislations, including Section 498A of the Indian Penal Code, 1860 [1](now Section 85 of the Bharatiya Nyaya Sanhita, 2023[2]), the Protection of Women from Domestic Violence Act, 2005[3], and the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013[4]. It examines landmark judicial decisions acknowledging misuse, analyses the psychological, social, and economic impacts on falsely accused men, and evaluates current socio-legal frameworks. Through a critical assessment of national crime data, existing literature, and judicial interventions, the article identifies recurring patterns of false accusations and their devastating consequences. Moreover, the study proposes comprehensive legal reforms such as mandatory preliminary inquiries, penal provisions against false complaints, the establishment of Family Welfare Committees, and the adoption of gender-neutral statutes. This article argues for a balanced legal approach that preserves the core objective of protecting genuine victims while instituting safeguards to prevent the misuse of laws. A recalibrated system that guarantees fairness to all genders is essential for upholding the constitutional principles of equality and justice.
[1] The Indian Penal Code, 1860 (Second Amendment Act of 1983), s. 498A.
[2] Bharatiya Nyaya Sanhita, 2023, s. 85.
[3] The Protection of Women from Domestic Violence Act, 2005.
[4] Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.